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Home My WebLink About2009/01/27 Item 5CITY COUNCIL AGENDA STATEMENT „~;;~ c1TV of ~ CHULA VISTA I/27/09, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF; $18,853.30 FROM THE AVAILABLE FUND BALANCE TO I BURSE HERMES ZUAZO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ~ DEPUTY CITY MANAGER/DEVE O ENT SERVICES DIRECTOR REVIEWED BY: ASSISTANT CITY M NAGER S~ CITY MANAGE 4/STHS VOTE: YES ® NO ^ SUMMARY Hermes Zuazo has paid fees to satisfy certain permit fees for Building Permit Number BR06-0007, associated with his property located at 142 Third Avenue. Mr. Zuazo is now requesting a refund of said fees. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On January 17, 2006 and September 4, 2007, Mr. Zuazo paid permit fees for Building Permit Number BR06-0007, associated with his property located at 142 Third Avenue. Permit fees are paid prior to issuance of the Final building permit and prior to the construction of the project. On December 8, 2008 staff received, from Mr. Zuazo, a written request (Attachment 1) for a refund of permit fees for his aforementioned project. The property is now in foreclosure, and due to financial hardship. The following fees will be refunded: 5-1 1/27/09 Item S Page 2 of 2 • NPDES Fee ($160.00) Traffic Signal Fee ($387.80) • DIF Civic Center ($4,146.00) DIF Police Facility ($3,162.00) • DIF Library ($2,516.00) DIF Fire Suppression ($1,592.00) • Sewer Capacity Fee ($4,347.50) • DIF Corp Yard ($632.00) • DIF Recreation ($1,910.00) If, at any time a permit is reapplied £or, in regards to this project, all current applicable permit fees (including applicable fee increases) must be paid for by the owner. In addition to his permit fees, Mr. Zuazo requested a refund of his driveway permit bond in the amount of $1,500.00. This bond was refunded to Mr. Zuazo on December 18, 2008 and no further action is needed on this particular request. This resolution will amend the Fiscal Year 2008/2009 fund budgets and appropriate a total of $18,853.30 from the available fund balances to process the refund to Mr. Zuazo for certain permit fees associated with Building Permit Number BR06-0007: The appropriations that are needed are to the following fund balances: ~ 30120 ~ 1• ~ i NPDES Fee ~ $160.00 22500 Traffic Si al Fee $387.80 41300 Sewer Ca aci Fee $4,347.50 57200 DIF Civic Center $4,146.00 57300 DIF Police Facili $3,162.00 57400 DIF Co Yard $632.00 I 57500 DIF Libra $2,516.00 ' 57600 DIF Fire Su ression $1,592.00 58200 DIF Recreation $1,910.00 Total $18,853.30 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT The refund of these permit fees will have no impact to the General Fund as this is a reimbursement and sufficient monies are available in the associated fund balances with the exception of those related to the Public Facilities DIF (Account #57200 thru 58200). The deficit related to the Public Facilities DIF, was addressed through an interfund transfer/loan from the TDIF Fund, which City Council approved on December 16, 2008. ATTACHMENTS 1. Letter requesting refund from Hermes Zuazo Prepared by: Tessa Quicho, Administrative Analyst LI, Engineering Department M:IErtgineerlAGENDAICAS?00910!-J-091Hermes Zurtzo Approprintion Reguete.Aoc 5-2 ATTACHMENT p ~ 20fl~ ~~'~.c~ . ' ~$~ ~~ „~*. /~ =~ ~ ~ . ~~f ~1ag ~ ~~~~5 Z ~~i~o . ~ !~ ~ t.~ ~~ ~~~ ~~ ~f ~ J t7~ ~ . ~ ~~ . ~ L Plug ~t~~~.. ~ ~ ~ ~ ~ ~ E ~~~ u~~~~~ ~~~1 ]~. ~ !~ ~ ~'C~ 7'~~ ~ ~~ ~ ~ ~h}~'' ~ Q ;~~ P3 ;rte 1 ~, ~ (,~ ~~ ~ 71 ~ h~~ s _ i i ~• M . i .~~ ~.~.. ~ ~ ~ t- S ~~~ ~'~ 7t ~~~ '~' ~ ~ ~,~ ~'~,~ ~ fad ~ ~O~ ~ ~'~ ~~ ~~~ ~`~ ~ ~r~ ~~ ~ ~ ~~~~ ~~~ ~~~~ 5--3 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $18,853.30 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE HERMESZUAZO WHEREAS, on January 17, 2006 and September 4, 2007, Hermes Zuazo paid $18,853.30 to the City for permit fees for Building Permit BR06-0007, in association with his project located at 142 Third Avenue; and WHEREAS, the final building permits were not pulled by Mr. Zuazo due to financial reasons; and, WHEREAS, on December 8, 2008, Mr. Zuazo requested a refund of the permit fees paid in the amount of $18,853.30; and, WHEREAS, staff has determined those permit fees eligible for refund were limited to the following: • NPDES Fee ($160.00) Traffic Signal Fee ($387.80) Sewer Capacity Fee ($4,347.50) • DIF Civic Center ($4,146.00) DIF Police Facility ($3,162.00) DIF Corp Yard ($632.00) • DIF Library ($2,516.00) DIF Fire Suppression ($1,592.00) DIF Recreation ($1,910.00) WHEREAS, in order to reimburse Mr. Zuazo, appropriations to the following funds are required: i 30120 ~ 1 NPDES Fee ~ $160.00 22500 Traffic Si nal Fee $387.80 41300 Sewer Ca aci Fee $4,347.50 57200 DIF Civic Center $4,146.00 57300 DIF Police Facili $3,162.00 57400 DIF Co Yard $632.00 57500 DIF Libra $2,516.00 57600 DIF Fire Su ression $1,592.00 58200 DIF Recreation $1,910.00 Tota[ 518,853.30 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2008/2009 budget and appropriate a total of $18,853.30 from the available fund balance to reimburse Hermes Zuazo. Presented by Richard A. Hopkins Director of Public Works Approved as to form by n ~ 1 ,~...~ ~ / } ~ Bart Miesf8ld ' -~~ c,~ty Attorney `~ 5-4